4 Jul 2006
TIN SHUI WAI DEVELOPMENT LTD v. LIU CHUNG FAI AND ANOTHER
- Citation
- TIN SHUI WAI DEVELOPMENT LTD v. LIU CHUNG FAI AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA352/2004
The court refused the applications for trial of the preliminary issue and dismissed the applications for stays because, on the facts, there was no sufficient justification for a split trial: the completion issue and negligence issues involved overlapping factual inquiries requiring witness evidence and discovery, a split trial would likely increase delay and costs and risk unfairness (lost evidence, faded memories), and thus it was not just and convenient to try the preliminary issue separately.